Buenrostro v. Castillo et al
Filing
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ORDER Denying 28 Motion to Withdraw Consent to Magistrate Judge Jurisdiction, signed by Magistrate Judge Barbara A. McAuliffe on 6/29/15. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE LUIS BUENROSTRO,
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Plaintiff,
v.
J. CASTILLO, et al.,
Defendants.
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Case No.: 1:14-cv-00075-BAM PC
ORDER DENYING MOTION TO WITHDRAW
CONSENT TO MAGISTRATE JUDGE
JURISDICTION
(ECF No. 28)
Plaintiff Luis Buenrostro (“Plaintiff”) is a federal prisoner proceeding pro se and in forma
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pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of
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Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by
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federal actors. On November 26, 2014, the Court dismissed Plaintiff’s first amended complaint with
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leave to amend. (ECF No. 22.) On June 11, 2015, the Court dismissed Plaintiff’s second amended
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complaint with leave to amend. (ECF No. 27.)
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On June 26, 2015, Plaintiff filed the instant motion seeking to withdraw his consent to
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Magistrate Judge jurisdiction. Plaintiff alleges in his motion that he only consented to Magistrate
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Judge jurisdiction on the advice of a fellow inmate to purportedly speed up the process. Plaintiff
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contends that the process has not been expedited and that the Magistrate Judge’s screening orders
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appear to be biased because he does not agree with them. Plaintiff now requests that this action be
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assigned to a district judge. (ECF No. 28.)
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Once a civil case is referred to a Magistrate Judge under 28 U.S.C. § 636(c), “[t]he court may,
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for good cause shown on its own motion, or under extraordinary circumstances shown by any party,
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vacate a reference . . . .” 28 U.S.C. § 636(c)(4); Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (no
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absolute right in civil case to withdraw consent to magistrate judge). Following written consent, the
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reference to a Magistrate Judge will not be vacated where the party fails to demonstrate extraordinary
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circumstances and the Court does not sua sponte find good cause for withdrawal of consent. Id.
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Here, Plaintiff’s disagreement with the pace of this action and the Court’s screening orders
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provides no basis for the withdrawal of his earlier consent. Further, nowhere in his motion does
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Plaintiff demonstrate that he was unable to make decisions for himself regarding consent. Indeed,
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Plaintiff indicates that he has filed other civil actions in which he has not consented. The Court finds
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that Plaintiff has failed to demonstrate extraordinary circumstances and has failed to establish good
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cause to withdraw his consent. Dixon, 990 F.2d at 480.
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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to withdraw his consent to the
Magistrate Judge is denied.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 29, 2015
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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